by the Charter of this Province, the Governor and the Great and
General Court or Assembly of this Province or Territory, for the
time being shall have full power and authority, from time to time,
to make, ordain and establish all manner of wholesome and
reasonable laws, orders, statutes, and ordinances, directions and
instructions, and that if the same shall not within the term of
three years after presenting the same to his Majesty in privy
council be disallowed, they shall be and continue in full force
and effect, untill the same shall be repealed by the Great and
General Assembly of this Province: Yet the Parliament of Great
Britain have rendered or attempted to render, null and void a law
of this Province made and passed in the Reign of his late Majesty
George the first, intitled "An Act stating the Fees of the Custom-
house Officers within this Province" and by meer dint of power, in
violation of the Charter aforesaid, established other and
exorbitant fees, for the same Officers; any law of the Province to
the contrary notwithstanding -
5th - Fleets and Armies have been introduced to support these
unconstitutional Officers in collecting and managing this
unconstitutional Revenue; and troops have been quarter'd in this
Metropolis for that purpose. Introducing and quartering standing
Armies in a free Country in times of peace without the consent of
the people either by themselves or by their Representatives, is,
and always has been deemed a violation of their rights as freemen;
and of the Charter or Compact made between the King of Great
Britain, and the People of this Province, whereby all the rights
of British Subjects are confirmed to us. -
6th - The Revenue arising from this tax unconstitutionally laid,
and committed to the management of persons arbitrarily appointed
and supported by an armed force quartered in a free City, has been
in part applyed to the most destructive purposes. It is
absolutely necessary in a mixt government like that of this
Province, that a due proportion or balance of power should be
established among the several branches of legislative. Our
Ancestors received from King William & Queen Mary a Charter by
which it was understood by both parties in the contract, that such
a proportion or balance was fixed; and therefore every thing which
renders any one branch of the Legislative more independent of the
other two than it was originally designed, is an alteration of the
constitution as settled by the Charter; and as it has been untill
the establishment of this Revenue, the constant practise of the
General Assembly to provide for the support of Government, so it
is an essential part of our constitution, as it is a necessary
means of preserving an equilibrium, without which we cannot
continue a free state. -
In particular it has always been held, that the dependence of the
Governor of this Province upon the General Assembly for his
support, was necessary for the preservation of this equilibrium;
nevertheless his Majesty has been pleased to apply fifteen hundred
pounds sterling annually out of the American revenue, for the
support of the Governor of this Province independent of the
Assembly, whereby the ancient connection between him and this
people is weakened, the confidence in the Governor lessened and
the equilibrium destroyed, and the constitution essentially
altered. -
And we look upon it highly probable from the best intelligence we
have been able to obtain, that not only our Governor and
Lieuvetenant Governor, but the Judges of the Superior Court of
Judicature, as also the Kings Attorney and Solicitor General are
to receive their support from this Grievous tribute. This will if
accomplished compleat our slavery. For if taxes are raised from us
by the Parliament of Great Britain without our consent, and the
men on whose opinions and decisions our properties liberties and
lives, in a great measure depend, receive their support from the
Revenues arising from these taxes, we cannot, when we think on the
depravity of mankind, avoid looking with horror on the danger to
which we are exposed? The British Parliament have shewn their
wisdom in making the Judges there as independent as possible both
on the Prince and People, both for place and support: But our
Judges hold their Commissions only during pleasure; the granting
them salaries out of this Revenue is rendering them independent on
the Crown for their support. The King upon his first accession to
the Throne, for giving the last hand to the independency of the
Judges in England, not only upon himself but his Successors by
recommending and consenting to an act of Parliament, by which the
Judges are continued in office, notwithstanding the demise of a
King, which vacates all other Commissions, was applauded by the
whole Nation. How alarming must it then be to the Inhabitants of
this Province, to find so wide a difference made between the
Subjects in Britain and America, as the rendering the Judges here
altogether dependent on the Crown for their support. -
7th - We find ourselves greatly oppressed by Instructions sent to
our Governor from the Court of Great Britain, whereby the first
branch of our legislature is made merely a ministerial engine. And
the Province has already felt such effects from these
Instructions, as We think Justly intitle us to say that they
threaten an entire destruction of our liberties, and must soon, if
not checked, render every branch of our Government a useless
burthen upon the people. We shall point out some of the alarming
effects of these Instructions which have already taken place. -
In consequence of Instructions, the Governor has called and
adjourned our General Assemblies to a place highly inconvenient to
the Members and grately disadvantageous to the interest of the
Province, even against his own declared intention -
In consequence of Instructions, the Assembly has been prorogued
from time to time, when the important concerns of the Province
required their Meeting -
In obedience to Instructions, the General Assembly was Anno 1768
dissolved by Governor Bernard, because they would not consent to
rescind the resolution of a former house, and thereby sacrifise
the rights of their constituents. -
By an Instruction, the honourable his Majesty Council are forbid
to meet and transact matters of publick concern as a Council of
advice to the Governor, unless called by the Governor; and if they
should from a zealous regard to the interest of the Province so
meet at any time, the Governor is ordered to negative them at the
next Election of Councellors. And although by the Charter of this
Province the Great & General Court have full power and authority
to impose taxes upon the estates and persons of all and every the
proprietors and inhabitants of this Province, yet the Governor has
been forbidden to give his consent to act imposing a tax for the
necessary support of government, unless such persons as were
pointed out In the said instruction, were exempted from paying
their Just proportion of said tax -
His Excellency has also pleaded Instructions for giving up the
provincial fortress, Castle William into the hands of troops, over
whom he had declared he had no controul (and that at a time when
they were menaceing the Slaughter of the Inhabitants of the Town,
and our Streets were stained with the blood which they had
barbariously shed) Thus our Governor, appointed and paid from
Great Britain with money forced from us, is made an instrument of
totally preventing or at least of rendering [futile], every
attempt of the other two branches of the Legislative in favor of a
distressed and wronged people: And least the complaints naturally
occasioned by such oppression should excite compassion in the
Royal breast, and induce his Majesty seriously to set about
relieving us from the cruel bondage and insult which we his loyal
Subjects have so long suffered, the Governor is forbidden to
consent to the payment of an Agent to represent our grievances at
the Court of Great Britain, unless he the Governor consent to his
election, and we very well know what the man must be to whose
appointment a Governor in such circumstances will consent -
While we are mentioning the infringement of the rights of
this Colony in particular by means of Instructions, we cannot help
calling to remembrance the late unexampled suspension of the
legislative of a Sister Colony, New York by force of an
Instruction, untill they should comply with an Arbitrary Act of
the British Parliament for quartering troops, designed by military
execution, to enforce the raising of a tribute. -
8th - The extending the power of the Courts of Vice Admirality to
so enormous a degree as deprives the people in the Colonies in a
great measure of their inestimable right to tryals by Juries.,
which has ever been Justly considered as the grand Bulwark and
security of English property.
This alone is sufficient to rouse our jealousy:And we are again
obliged to take notice of the remarkable contrast, which the
British Parliament has been pleased to exhibit between the
Subjects in Great Britain & the Colonies. In the same Statute, by
which they give up to the decision of one dependent interested
Judge of Admirality the estates and properties of the Colonists,
they expressly guard the estates & properties of the people of
Great Britain; for all forfeitures & penalties inflicted by the
Statute of George the Third, or any other Act of Parliament
relative to the trade of the Colonies, may be sued for in any
Court of Admiralty in the Colonies; but all penalties and
forfeitures which shall be incurred in Great Britain, may be sued
for in any of his Majestys Courts of Record in Westminster or in
the Court of Exchequer in Scotland, respectively. Thus our Birth
Rights are taken from us; and that too with every mark of
indignity, insult and contempt. We may be harrassed and dragged
from one part of the Continent to the other (which some of our
Brethren here and in the Country Towns already have been) and
finally be deprived of our whole property, by the arbitrary
determination of one biassed, capricious Judge of the Admirality.
9th - The restraining us from erecting Stilling Mills for
manufacturing our Iron the natural produce of this Country, Is an
infringement of that right with which God and nature have invested
us, to make use of our skill and industry in procuring the
necessaries and conveniences of life. And we look upon the
restraint laid upon the manufacture and transportation of Hatts to
be altogether unreasonable and grievous. Although by the Charter
all Havens Rivers, Ports, Waters, &c. are expressly granted the
Inhabitants of the Province and their Successors, to their only
proper use and behoof forever, yet the British Parliament passed
an Act, whereby they restrain us from carrying our Wool, the
produce of our own farms, even over a ferry; whereby the
Inhabitants have often been put to the expence of carrying a Bag
of Wool near an hundred miles by land, when passing over a River
or Water of one quarter of a mile, of which the Province are the
absolute Proprietors, would have prevented all that trouble. -
10th - The Act passed in the last Session of the British
Parliament, intitled, An Act for the better preserving his
Majestys Dock Yards, Magizines, Ships, Ammunition and Stores, is,
as we apprehend a violent infringement of our Rights. By this Act
any one of us may be taken from his Family, and carried to any
part of Great Britain, there to be tried whenever it shall be
pretended that he has been concerned in burning or otherwise
destroying any Boat or Vessel, or any Materials for building &c.
any Naval or Victualling Store &c. belonging to his Majesty. For
by this Act all Persons in the Realm, or in any of the places
thereto belonging (under which denomination we know the Colonies
are meant to be included) may be indicted and tryed either in any
County or Shire within this Realm, in like manner and form as if
the offence had been committed in said County, as his Majesty and
his Successors may deem Most expedient. Thus we are not only
deprived of our grand right to tryal by our Peers in the Vicinity,
but any Person suspected, or pretended to be suspected, may be
hurried to Great Britain, to take his tryal in any County the King
or his Successors shall please to direct; where, innocent or
guilty he is in great danger of being condemned; and whether
condemned or acquitted he will probably be ruined by the expense
attending the tryal, and his long absence from his Family and
business; and we have the strongest reason to apprehend that we
shall soon experience the fatal effects of this Act, as about the
year 1769 the British Parliament passed Resolves for taking up a
number of Persons in the Colonies and carrying them to Great
Britain for tryal, pretending that they were authorised so to do,
by a Statute passed in the Reign of Henry the Eighth, in which
they say the Colonies were included, although the Act was passed
long before any Colonies were settled, or even in contemplation. -
11th - As our Ancestors came over to this Country that they might
not only enjoy their civil but their religeous rights, and
particularly desired to be free from the Prelates, who in those
times cruilly persecuted all who differed in sentiment from the
established Church; we cannot see without concern the various
attempts, which have been made and are now making, to establish an
American Episcopate. Our Episcopal Brethren of the Colonies do
enjoy, and rightfully ought ever to enjoy, the free exercise of
their religeon, we cannot help fearing that they who are are so
warmly contending for such an establishment, have views altogether
inconsistent with the universal and peaceful enjoyment of our
christian privileges: And doing or attempting to do any thing
which has even the remotest tendency to endanger this enjoyment,
is Justly looked upon a great grievance, and also an infringement
of our Rights, which is not barely to exercise, but peaceably &
securely to enjoy, that liberty wherewith CHRIST has made us free.
And we are further of Opinion, that no power on Earth can justly
give either temporal or spiritual Jurisdiction within this
Province, except the Great & General Court. We think therefore
that every design for establishing the Jurisdiction of a Bishop in
this Province, is a design both against our Civil and Religeous
rights: And we are well informed, that the more candid and
Judicious of our Brethren of the Church of England in this and the
other Colonies, both Clergy and Laity, conceive of the
establishing an American Episcopate both unnecessary and
unreasonable. -
12th - Another Grievance under which we labour is the frequent
alteration of the bounds of the Colonies by decisions before the
King and Council, explanatory of former grants and Charters. This
not only subjects Men to live under a constitution to which they
have not consented, which in itself is a great Grievance; but
moreover under color, that the right of Soil is affected by such
declarations, some Governors, or Ministers, or both in
conjunction, have pretended to Grant in consequence of a Mandamus
many thousands of Acres of Lands appropriated near a Century past;
and rendered valuable by the labors of the present Cultivators and
their Ancestors. There are very notable instances of Setlers, who
having first purchased the Soil of the Natives, have at
considerable expence obtained confermation of title from this
Province; and on being transferred to the Jurisdiction of the
Province of New Hampshire have been put to the trouble and cost of
a new Grant or confermation from thence and after all this there
has been a third declaration of Royal Will, that they should
thence forth be considered as pertaining To the Province of New
York. The troubles, expences and dangers which hundreds have been
put to on such occasions, cannot here be recited; but so much may
be said, that they have been most cruelly harrassed, and even
threatned with a military force, to dragoon them into a
compliance, with the most unreasonable demands.
A Letter of Correspondence to the Other Towns.
Boston November 20: 1772
Gentlemen We the Freeholders and other Inhabitants of Boston in
Town Meeting duly Assembled, according to Law, apprehending there
is abundant to be alarmed at14 the plan of Despotism, which the
enemies of our invaluable rights have concerted, is rapidly
hastening to a completion, can no longer conceal our impatience
under a constant, unremitted, uniform aim to enslave us, or confide in
an Administration which threatens us with certain and inevitable
destruction. But, when in addition to the repeated inroads made upon
the Rights and Liberties of the Colonists, and of those in this
Province in particular, we reflect on the late extraordinary measure
in affixing stipends or Salaries from the Crown to the Offices of the
Judges of the Superior Court of Judicature, making them not only
intirely independent of the people, whose lives and properties are so
much in their power, but absolutely dependent on the Crown (which may
hereafter, be worn by a Tyrant) both for their appointment and
support, we cannot but be extremely alarmed at the mischievous
tendency of this innovation; which in our opinion is directly contrary
to the spirit of the British Constitution, pregnant with innumerable
evils, and hath a direct tendency To deprive us of every thing
valuable as Men, as Christians and as Subjects, entitled, by the Royal
Charter, to all the Rights, liberties and privileges of native
Britons. Such being the critical state of this Province, we think it
our duty on this truly distressing occasion, to ask you, What can
withstand the Attacks of mere power? What can preserve the liberties
of the Subject, when the Barriers of the Constitution are taken away?
The Town of Boston consulting on the matter above mentioned, thought
proper to make application to the Governor by a Committee; requesting
his Excellency to communicate such intelligence as he might have
received relative to the report of the Judges having their support
independent of the grants of this Province a Copy of which you have
herewith in Paper N. 1.15 To which we received as answer, the Paper N.
2.16 The Town on further deliberation, thought it advisable to refer
the matter to the Great and General Assembly; and accordingly in a
second address as N. 3.17 they requested his Excellency that the
General Court might Convene at the time to which they then stood
prorogued; to which the Town received the reply as in N. 4.18 in which
we are acquainted with his intentions further to prorogue the General
Assembly, which has since taken place. Thus Gentlemen it is evident
his Excellency declines giving the least satisfaction as to the matter
in request. The affair being of publick concernment, the Town of
Boston thought it necessary to consult with their Brethren throughout
the Province; and for this purpose appointed a Committee, to
communicate with our fellow Sufferers, respecting this recent instance
of oppression, as well as the many other violations of our Rights
under which we have groaned for several Years past - This Committee
have briefly Recapitulated the sense we have of our invaluable Rights
as Men, as Christians, and as Subjects; and wherein we conceive those
Rights to have been violated, which we are desirous may be laid before
your Town, that the subject may be weighed as its importance requires,
and the collected wisdom of the whole People, as far as possible, be
obtained, on a deliberation of such great and lasting moment as to
involve in it the fate of all our Posterity - Great pains has been
taken to perswade the British Administration to think that the good
People of this Province in general are quiet and undisturbed at the
late measures; and that any uneasiness that appears, arises from a few
factious designing and disaffected men. This renders it the more
necessary, that the sense of the People should be explicitly declared.
- A free communication of your sentiments to this Town, of our common
danger, is earnestly solicited and will be gratefully received. If you
concur with us in opinion, that our Rights are properly stated, and
that the several Acts of Parliament, and Measures of Administration,
pointed out by us are subversive of these Rights, you will doubtless
think it of the utmost importance that we stand firm as one man, to
recover and support them; and to take such measures by directing our
Representatives, or otherwise, as your wisdom and fortitude shall
dictate, to rescue from impending ruin our happy and glorious
constitution. But if it should be the general voice of this Province,
that the Rights as we have stated them, do not belong to us; or that
the several measures of Administration in the British Court, are no
violations of these Rights, or that if they are thus violated or
infringed, they are not worth contending for, or resolutely
maintaining; - should this be the general voice of the Province, we
must be resigned to our wretched fate; but shall forever lament the
extinction of that generous ardor for Civil and Religeous liberty,
which in the face of every danger, and even death itself, induced our
fathers to forsake the bosom of their Native Country, and begin a
settlement on bare Creation - But we trust this cannot be the case: We
are sure your wisdom, your regard to yourselves and the rising
Generation, cannot suffer you to dose, or set supinely indifferent on
the brink of destruction, while the Iron hand of oppression is dayly
tearing the choicest Fruit from the fair Tree of Liberty, planted by
our worthy Predecessors, at the expence of their treasure, &
abundantly water'd with their blood - It is an observation of an
eminent Patriot, that a People long inured to hardships, loose by
degrees the very notions of liberty; they look upon themselves as
Creatures at mercy, and that all impositions laid on by superior
hands, are legal and obligatory. - But thank Heaven this is not
yet verified in America! We have yet some share of publick virtue
remaining: we are not afraid of poverty, but disdain slavery. -
The fate of Nations is so Precarious and revolutions in States so
often take place at an unexpected moment, when the hand of power
by fraud or flattery, has secured every Avenue of retreat, and the
minds of the Subject debased to its purpose, that it becomes every
well wisher to his Country, while it has any remains of freedom,
to keep an Eagle Eye upon every inovation and stretch of power, in
those that have the rule over us. A recent instance of this we
have in the late Revolutions in Sweden, by which the Prince once
subject to the laws of the State, has been able of a sudden to
declare himself an absolute Monarch The Sweeds were once a free,
martial and valient people: Their minds are now so debaced, that
they rejoice at being subject to the caprice and arbitrary power
of a Tyrant & kiss their Chains. It makes us shudder to think, the
late measures of Administration may be productive of the like
Catastrophe; which Heaven forbid! - Let us consider Brethren, we
are struggling for our best Birth Rights & Inheritance; which
being infringed, renders all our blessings precarious in their
enjoyments, and consequently trifling in their value. Let us
disappoint the Men who are raising themselves on the ruin of this
Country. Let us convince every Invader of our freedom, that we will be
as free as the Constitution our Fathers recognized, will Justify. - 19